Selling or Giving Alcohol to a Minor


SHORSTEIN, LASNETSKI, & GIHON
helps people defend against
Selling or Giving Alcohol to a Minor
allegations.

Selling or Giving Alcohol to a Minor typically is charged in cases where a convenience store employee, grocery store cashier, or restaurant server sells alcohol to an underage person.  Many times, law enforcement will set up stings and have a minor who looks older go in and purchase alcohol.  If you have been charged with Selling or Giving Alcohol to a Minor, call the experienced Jacksonville criminal defense lawyers of SLG Law to discuss your particular case and how we can help.
What is Selling or Giving Alcohol to a Minor?

Selling or Giving Alcohol to a Minor is defined in Florida Statute Section 562,11(1)(a)(1).  To prove the crime of Selling or Giving Alcohol to a Minor, the State must prove:
  • You sold, gave, served, permitted service or an alcoholic beverage to the person on licensed premises, or
  • you permitted the person to consume an alcoholic beverage on licensed premises, and
  • at the time, the person was less than 21 years of age. 

What is an "alcoholic beverage?"

An "alcoholic beverage" means distilled spirits and all beverages containing one-half of 1 percent or more alcohol by volume.  The percentage of alcohol by volume shall be determined by measuring the volume of the standard ethyl alcohol in the beverage and comparing ti with the volume of the remainder of the ingredients as though the remainder ingredients were distilled water.  
What does "sold" mean?

"Sold" means any transfer of an alcoholic beverage for a consideration, any gift of an alcoholic beverage in connection with, or as a part of, a transfer of property other than an alcoholic beverage for a consideration, or the serving of an alcoholic beverage by a club licensed under the Beverage Law.  
What does "licensed premises" mean?

"Licensed premises" means not only rooms where alcoholic beverages are stored or sold by the licensee, but also all other rooms in the building which are so closely connected therewith as to admit of free passage from drink parlor to other rooms over which the licensee has some dominion or control and shall also include all of the area embraced within the sketch, appearing on or attached to the application for the license involved and designated as such on said sketch, in addition to that included or designated by general law.  The area embraced within the sketch may include a sidewalk or other outside are which is contiguous to the licensed premises.  

What is the potential sentence for Selling or Giving Alcohol to a Minor?

First Offense
(or subsequent offense more than 1 year after prior conviction)

Up to 60 days in jail

Second or Subsequent Offense
(within 1 year of prior conviction)

Up to 1 year in jail

DRIVER'S LICENSE SUSPENSION

Under Florida Statute Section 322.057, the Court may direct the DHSMV to suspend your license if you are adjudicated guilty of this offense.  It is important to call us to see if you may be eligible to obtain diversion or a withhold of adjudication to avoid possible license suspension. 

First Offense
3 -6 months Suspension

Subsequent Offenses

Up to 1 year Suspension


What are the possible defenses to Selling or Giving Alcohol to a Minor?

It is a complete defense to Selling or Giving Alcohol to a Minor if the minor  said he or she was 21 years or older, presented a fake ID, a reasonable person would believe the minor looked 21 years old or older and you, in good faith, relied on the minor's appearance and fake ID.  There may be other defenses in your case and other options that protect your record, keep you out of jail, and allow you to keep your license.  Give us a call to discuss your options.

If you or a loved one has been arrested for or accused of
Selling or Giving Alcohol to a Minor,

Call Shorstein, Lasnetski & Gihon Now!
Jacksonville Criminal Defense Attorneys

904-642-3332 (Jacksonville)


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